PART 2General powers and provisions

Failure to comply with rules etc.7

1

An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction, does not of itself render void the proceedings or any step taken in the proceedings.

2

If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Upper Tribunal may take such action as it considers just, which may include—

a

waiving the requirement;

b

requiring the failure to be remedied;

c

exercising its power under rule 8 (striking out a party's case); or

d

except in F1a mental health case, an asylum case or an immigration case, restricting a party's participation in the proceedings.

3

Paragraph (4) applies where the First-tier Tribunal has referred to the Upper Tribunal a failure by a person to comply with a requirement imposed by the First-tier Tribunal—

a

to attend at any place for the purpose of giving evidence;

b

otherwise to make themselves available to give evidence;

c

to swear an oath in connection with the giving of evidence;

d

to give evidence as a witness;

e

to produce a document; or

f

to facilitate the inspection of a document or any other thing (including any premises).

4

The Upper Tribunal may exercise its power under section 25 of the 2007 Act (supplementary powers of the Upper Tribunal) in relation to such non-compliance as if the requirement had been imposed by the Upper Tribunal.